Brandon Moffitt, an Arkansas DUI attorney, has been invited to join the prestigious National College for DUI Defense (“NCDD”). The NCDD is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law as a specialty area of law practice. Members of the National College represent the most experienced DUI defense attorneys in the country. The NCDD is headquartered in Montgomery, Alabama.

To learn more about the National College for DUI Defense, you can visit their website at www.ncdd.com.

In March, the Arkansas Legislature passed Act 626 which allows for misdemeanor DWI and DUI convictions to be expunged. Arkansas has previously not allowed for expungement of a misdemeanor DWI or DUI offense. The new law will allow for DWI expungement after five (5) years has elapsed since the completion of the DWI sentence.

Additionally, the new law allows for expungement of the following Arkansas criminal misdemeanor convictions after a period of five (5) years has elapsed since the completion of the imposed criminal sentence:

Although the new law allows for the expungement of Arkansas DWI / DUI offenses, the legislation does not provide for an absolute right to expungement. However, the standard is very high for the Arkansas Traffic Court not to grant an expungement for DWI. The language in the statute requires the Arkansas DWI Judge to grant the expungement unless he or she finds that there is “clear and convincing evidence” that the DWI misdemeanor should not be expunged.

So how does getting a DWI / DUI conviction expunged help you? According to Ark. Code Ann. § 16-90-902, the effect of a DWI expungement is:

(a) An individual whose record has been expunged in accordance with the procedures established by this subchapter shall have all privileges and rights restored and shall be completely exonerated, and the record which has been expunged shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law.

(b) Upon the entry of the uniform order to seal records of an individual, the individual’s underlying conduct shall be deemed as a matter of law never to have occurred, and the individual may state that no such conduct ever occurred and that no such records exist.

Are you looking for a summary of DWI penalties in Arkansas? Have you been charged with a DWI in Arkansas? If so, it is important that you hire an Arkansas DWI attorney to represent your interests in court. Moffitt & Phillips, PLLC handles DWI cases across Arkansas and can provide you the DWI representation you deserve. Below is a brief summary of Arkansas DWI penalties:

DWI Penalties for first time offenders of Arkansas DWI/DUI Laws:

Jail: You can go to jail for a period of no less than 24 hours and no more than 1 year. Often you will be able to bond out of jail in less than 24 hours and receive credit for 1 day in jail. The judge may order public service in lieu of actual jail time. If you are convicted and have a passenger in the car less than 16 years of age, you may get jail time no less than 7 days and no more than 1 year. The judge may order public service in lieu of actual jail time.

Fine: No less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000).

License Suspension: Your license will be administratively suspended for 6 months by Arkansas Driver Control. To drive during the 6 months suspension, you must obtain an Ignition Interlock device. An Ignition Interlock device is a breath-testing machine attached to your car’s ignition that prevents it from being started or driven if the device detects alcohol in the breath of the driver. If you are convicted of DWI Drugs in Arkansas, then you can receive a restricted driving permit in lieu of the Ignition Interlock device.

Education / Treatment: You will be required to complete an alcohol education program or an alcohol treatment program as approved by the Office of Alcohol and Drug Abuse Prevention.

DWI Penalties for Second Offense of Arkansas DWI/DUI:

Jail: You can go to jail for a period of no less than 7 days and no more than 1 year. Often you will be able to bond out of jail in less than 24 hours and receive credit for 1 day in jail. The judge may order no less than 30 days public service in lieu of actual jail time. If you are convicted and have a passenger in the car less than 16 years of age, you may get jail time no less than 30 days and no more than 1 year. The judge may order no less than 60 days public service in lieu of actual jail time.

Fine: No less than four hundred dollars ($400) and no more than three thousand dollars ($3,000) for the second offense.

License Suspension: Your license will be administratively suspended for 24 months by Arkansas Driver Control. To drive during the 24 months suspension, you must serve 45 days without a driver’s license and then obtain a permit for an Ignition Interlock device. If you are convicted of DWI Drugs in Arkansas, then you can receive a restricted driving permit in lieu of the Ignition Interlock device after 45 days.

Education / Treatment: You will be required to complete an alcohol education program or an alcohol treatment program as approved by the Office of Alcohol and Drug Abuse Prevention.

DWI Penalties for Third Offense of Arkansas DWI/DUI:

Jail: You can go to jail for a period of no less than 90 days and no more than 1 year. Often you will be able to bond out of jail in less than 24 hours and receive credit for 1 day in jail. The judge may order no less than 90 days public service in lieu of actual jail time. If you are convicted and have a passenger in the car less than 16 years of age, you may get jail time no less than 120 days and no more than 1 year. The judge may order no less than 120 days public service in lieu of actual jail time.

Fine: No less than nine hundred dollars ($900) and no more than five thousand dollars ($5,000) for the third offense.

License Suspension: Your license will be administratively suspended for 30 months by Arkansas Driver Control. To drive during the 30 months suspension, you must serve 45 days without a driver’s license and then obtain a permit for an Ignition Interlock device. If you are convicted of DWI Drugs in Arkansas, then you can receive a restricted driving permit in lieu of the Ignition Interlock device after 45 days.

Education / Treatment: You will be required to complete an alcohol education program or an alcohol treatment program as approved by the Office of Alcohol and Drug Abuse Prevention.

Jail: You can go to jail for a period of no less than 1 year and no more than 6 years. Often you will be able to bond out of jail in less than 24 hours and receive credit for 1 day in jail. The judge may order no less than 1 year public service in lieu of actual jail time. If you are convicted and have a passenger in the car less than 16 years of age, you may get jail time no less than 2 years and no more than 6 years. The judge may order no less than 2 years public service in lieu of actual jail time.

Fine: No less than nine hundred dollars ($900) and no more than five thousand dollars ($5,000) for the fourth offense.

License Suspension: Your license will be administratively suspended for 48 months by Arkansas Driver Control and NO restricted permits are available.

Education / Treatment: You will be required to complete an alcohol education program or an alcohol treatment program as approved by the Office of Alcohol and Drug Abuse Prevention.

Penalties for Fifth Offense of Arkansas DWI/DUI:

Jail: You can go to jail for a period of no less than 2 years and no more than 10 years. Often you will be able to bond out of jail in less than 24 hours and receive credit for 1 day in jail. The judge may order no less than 2 years public service in lieu of actual jail time. If you are convicted and have a passenger in the car less than 16 years of age, you may get jail time no less than 3 years and no more than 10 years. The judge may order no less than 3 years public service in lieu of actual jail time.

Fine: No less than nine hundred dollars ($900) and no more than five thousand dollars ($5,000) for the fifth offense.

License Suspension: Your license will be administratively suspended for 48 months by Arkansas Driver Control and NO restricted permits are available.

Education / Treatment: You will be required to complete an alcohol education program or an alcohol treatment program as approved by the Office of Alcohol and Drug Abuse Prevention.